An important consideration during discovery in any complex litigation is ensuring documents designated as “confidential” under a governing Discovery Confidentiality Order actually meet governing law and the Order’s definition of “confidential.” Last week, the District of New Jersey issued a decision that serves to remind both counsel and litigants that a party cannot use a Discovery Confidentiality Order to shield routine business communications, even if they are harmful, uncomfortable, or embarrassing.» Read More

On November 13, 2020, the Superior Court Appellate Division affirmed (per curiam) the November 15, 2018, judgment of the trial court in Steven BATITSAS, and Diane Sarahwati, Plaintiffs-Respondents, v. PARK POINT INVESTORS, LLC, Defendant-Appellant, (New Jersey Appellate Division, November 13, 2020) holding that the defendant LLC was liable to plaintiffs for the amounts in excess of debt realized from the sale of two rental properties.» Read More

The days of physical closings for complex business transactions with everyone on both sides of the transaction gathered in a single conference room in front of stacks of documents feverishly signing multiple copies (and inevitably overlooking something) seem like ancient history now.» Read More

On Monday, March 16, 2020, a prominent New Orleans restaurant became the first business nationwide to file suit against an insurance carrier for losses sustained as a result of the novel coronavirus (“COVID-19”). In Cajun Conti, LLC et al. v. Certain Underwriters at Lloyd’s of London, et al.» Read More

As companies face shutdowns and citizens are encouraged to stay home due to the coronavirus (COVID-19), businesses and people may be asking questions, such as can the government really do that? Those who followed China’s response to the outbreak—which involved using martial law to keep millions of citizens in their home—would have seen references in those stories western democracies being unable to use such extreme measures.» Read More

About two years ago, we posted a short series of articles discussing New Jersey’s “Benefit Corporation” statute (N.J.S.A. 14A:18-1, et. seq.). See PART I and PART II. Although it was enacted in 2011, we still have not seen much interest in Benefit Corporations (or “B‑corps”), particularly in New Jersey.» Read More

Governor Murphy signed Assembly Bill A837 today.  This new law, effective immediately, allows veterans organizations, such as the American Legion and the VFW, to qualify for a public utility’s residential rates, assuming those rates are less than commercial rates, which is often the case. » Read More